Returning faulty goods - who pays postage?

[pants100]

I wanted to say a massive thank you for the information on this thread.

I ordered a part over the phone, the supplier sent the wrong item, I returned the item and got a refund for the item - but they refused to refund the postage costs.

After initial conversations (with a VERY abrassive unhelpful company) they refused to refund... but I responded with the quotes attached in this thread and threatened to go to trading standards if I wasnt refunded... and they caved in and gave me what I was due.

 

Thanks again to the posts on this thread - the information was incredibly useful and got me the desired outcome !

[perplexity]

Perusing this thread again, it is remarkable that nobody mentioned section 48B of the Sale of Goods Act, and that there are some who would have paid for the postage, notwithstanding the clarity of 48B((2):

 

If the buyer requires the seller to repair or replace the goods, the seller must—

(a) repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the buyer;

(b) bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).

P.S.

 

It should also be pointed out that not only are so many of the terms of traders incorrect with regard to their chance to enforce, it is a strict liability criminal offence, for commercial practice to mislead about "the consumer’s rights or the risks he may face".

 

The Consumer Protection from Unfair Trading Regulations 2008 apply.

Edited July 4, 2011 by perplexity
P.S.

[nivenj]

I know this is fairly old thread but its been a valuable discussion. I was wondering if anyone knew the answer to the following.

 

If you buy something online and the retailer has stated in their T&C's that you have acknowledged prior to purchase (yes the one we all tick without reading )," In the event that the product has a fault, just return it to us at your own expense within 7 days of receiving it."

 

Does this statement, and your acknowledgement of it, constitute part of the contract of sale, and therefore override the Distiance Selling Regulations? Even if the statement is unlawful, does your acceptance of these T&C's confirm that you are happy to be bound by their unlawful request?

[nivenj]

Duplicate post

Edited November 22, 2011 by nivenj
Duplicate post

[Legislation]

Does this statement, and your acknowledgement of it, constitute part of the contract of sale, and therefore override the Distiance Selling Regulations? Even if the statement is unlawful, does your acceptance of these T&C's confirm that you are happy to be bound by their unlawful request?

 

No, definitely not.

 

The Distance Selling Regulations implement the Distance Selling Directive, Article 12 of which especially provides that

 

The consumer may not waive the rights conferred on him by the transposition of this Directive into national law.

----

The purpose of section 25 of the Regulations: "No contracting-out" is therefore to transpose Article 12 to national law and (4) of 25 especially provides that

 

A term to which paragraph (3) applies shall, in the event of cancellation by the consumer under regulation 10, have effect only for the purposes of regulation 14(5) and 17(8).

If you follow that through to 14(5) and 17(8) you will find that the inference is that when the consumer fails to comply with a term requiring to return goods, that is not enforceable except in so far as the supplier may make a charge, not exceeding the direct costs of recovering any goods supplied under the contract, when the supplier comes to collect the goods, during which time the duty of the consumer is to retain possession and take reasonable care of the goods .

 

Otherwise, 17(4) could hardly be clearer than this:

 

The consumer shall not be under any duty to deliver the goods except at his own premises and in pursuance of a request in writing, or in another durable medium available and accessible to the consumer, from the supplier and given to the consumer either before, or at the time when, the goods are collected from those premises.

----

 

" In the event that the product has a fault, just return it to us at your own expense within 7 days of receiving it." is therefore tantamount to a strict liability offence since The Consumer Protection from Unfair Trading Regulations 2008, the effect being to cause the average consumer to take a transactional decision he would not have taken otherwise, taking account of its factual context and of all its features and circumstances.

 

6(a) of section 14 of the DSRs especially provides, in effect, that the consumer is not obliged to pay the cost of recovering goods when the seller is at fault.

Edited November 22, 2011 by Legislation

[nivenj]

Awsome response. Thank you.

[scooter91170]

If you buy something online and the retailer has stated in their T&C's that you have acknowledged prior to purchase (yes the one we all tick without reading )," In the event that the product has a fault, just return it to us at your own expense within 7 days of receiving it."

 

Does this statement, and your acknowledgement of it, constitute part of the contract of sale, and therefore override the Distiance Selling Regulations? Even if the statement is unlawful, does your acceptance of these T&C's confirm that you are happy to be bound by their unlawful request?

 

From reading the thread and the OFT doc this companies T&C's are in breach of the law, and so are null and void. Think of it this way I could sell you a known faulty printer (to me, not known to you) make enough profit after postage and then refuse to refund your postage in the hope that you refuse to send it back, and so are in breach of your end and I don't have to refund you the original costs...

[cherry14]

Hi, so here is a challenge - I had to pay courier costs to return a broken item, and when asked for reimbursement (using quotes from this thread) my horrible supplier responded abruptly: "We are perfectly aware of our legal requirements and although some of the information you have quoted is correct you seem to be misunderstanding the sale of goods act."

 

The rest of the message they sent me was slightly rude and a bit threatening towards me... and containing points indirectly stating that I'm too stupid to understand law...

Well any idea what would you replay to a supplier like that?

Edited May 31, 2012 by Conniff
typo

[Conniff]

So how long had you had the goods ?

[cherry14]

I had it nearly a year before the final fault occured - exactly one week before the warranty expired.

[cherry14]

hello,

 

Thank you all for help on this case. Unfortunately I just hit a dead end and it looks like it's absolutely fine and legal to:

- produce dangerous goods

- refuse any negotiation or being reasonable

- NOT return neither goods, nor money.... (aka STEAL)

 

My update is as follows:

 

The pram I bought in April 2011 has been developing numerous faults, until the last one when the wheel ripped off the frame. It was still on warranty.

The seller refused to bear any costs of return it to them, I paid for a courrier.

Seller (in numerous rude emails) laughed at me demanding reimburesement rather than repair. I needed money as the accident happend abroad and I simply needed a pram to return to the UK with a 9 months old baby.

I have given up on money after more rude emails, I had to accept a fixed pram. This decision was made over 2 months after the accident.

I have contacted the seller that I moved home asking where is the pram?

Seller said that because they didnt hear from me for a while (while they carried UNOTHORISED repair) they misplaced the pram in a warehouse and have no idea where it it.

It was the last time I heard from the seller (29th August 2012)

Since that time, the seller hasnt replied neither to my emails nor a letter (recorded delivery).

 

I checked that: I cannot claim under section 75 as pram was paid via PayPal. I checked with the bank, I complained and even got into Financial Ombudsmen. It's not going to work.

I checked with paypal, but they can only help if the claim is filled 6 weeks after the purchase.

I checked with CAB - they advised the court.

I checked with my legal advise on my chances in the court (on home insurance) - they told me that likely the case would be moved to Glasgow where the company is from (Im from London), so it will add even more costs for me.

 

I sent a letter to trading standards - well, Im not hoping for much.

 

In a meantime this company from hell received some prize for outstanding business growth and integrity! I was sick seeing that.

 

So I used a pram for 9 months, and lost it 9 months ago. Company from hell doesnt respond and there is nothing I can do. Does anyone has any advice? Or I should just forget and let the thieves be?

[raydetinu]

Take them to court, thats what they are for.